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stony

Above is the latest (as of this morning) MODIS satellite map (on Google Earth) of Station Fire spottings in the Angeles National Forest north of the Los Angeles basin. Near the center I’ve marked the Stony Ridge Observatory. While less familiar than the famous Mt. Wilson Observatory (and little known outside its own circles), Stony Ridge has a long history and is much loved as well as relied-upon.

This story in the LA Times raised concerns that Stony Ridge might be lost, but the latest word on the observatory’s own site, as well as the map above, suggest that it has been spared. I wonder to what degree this is because firefighters worked to save it, or that the fire simply avoided it. In any case it looks like a hole in the donut of surrounding fire—and that most of the fire spreading currently is away from populated areas.

Here are some aftermath shots of Mt. Wilson.

Here’s my whole Angeles Fire series on Flickr.

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, for which I am a 1K (>100,000 miles per year) flyer, and which I fly so close to exclusively that I’m almost too familiar with their methods, has in the last year added a number of opt-out inconveniences to booking and check-in systems. Here is one for bonus miles that shows up both online and on-screen when going through the “Easy Check-In” process at the airport. Now the passenger has look carefully at the small print before saying no to something he or she doesn’t want.

Worse, one can’t opt out once for this stuff. One has to do it every time.

When I ask people behind the counter how they feel about it, they always say they hate it. It’s one more thing to straighten out with customers who meant to say “no,” but hit “accept” by mistake. Which is, at least partly, the idea.

Why do mainstream broadcasters keep calling that big fire north of Los Angeles “the so-called Station Fire?” You never hear “so-called Hurricane Bill” or “so-called Hurricane Erika”. Why is that?

The main reason is that hurricanes have a much better naming convention. The surnames of hurricanes are first names of humans. The first names of wildfires often make no sense to ordinary folk. Gap, Day and Station don’t call meaning to mind. As I recall the Day Fire was the second to start on Labor Day, 2006. The other fire was called Labor.

With their human names, hurricanes are personified, making them easy to follow and remember. Katrina, Andrew, Hugo and Fran leap from memory a lot quicker than “The Great Hurricane of 1938” — which happened to be a Category 5 monster. It killed hundreds of people and blew out the wind guage at the Blue Hill Observatory when a gust hit 186 miles per hour. If it had been named Lucinda, it would have persisted as one of New England’s greatest weather legends. Instead it’s like, whoa, who knew?

According to this report, fires are named by the people who fight them. I suggest to those same folks that it will be easier to fight a fire with a personified name than a locational one. Why? Fear. Residents are much more likely to get their rears in gear when “Jack” or “Martha” are coming up the canyon than when “Station” is doing the same.

redwoods

Why do mature redwood trees have trunks that rise two hundred feet before branches commence, live for centuries and have bark that’s a foot thick? Because they are adapted to fire.

zaca

Why does the silver-green chaparral that covers California’s hills and mountains burn so easily? Because it’s supposed to.

calpoppies

Why, other than its color, is the California Poppy such an appropriate flower for the Golden State? Because it is adapted to both fire and earthquakes. Says Wikipedia, “It grows well in disturbed areas and often recolonizes after fires”.

Of course, so do we. That’s why it’s not weird to find humans colonizing hillsides and other “disturbed areas” of California. Case in point: I am writing this in a house sited on an former landslide, not far from the perimeters of two wildfires that claimed hundreds of other houses in the past few months.

Every spot on Earth is temporary, but California is a special example. As permanence goes, California is a house of cards.

For example, take a look at some of the animations here, prepared by geologists at UCSB. Watch as a sheet of crust the size of a continent gets shoved under the western edge of North America. Debris that piled up in the trench where that happened is what we now call the Bay Area. Submerged crust that melted, rose and hardened under North America — and was just recently exposed — we now call the Sierras. Take a look at the last 20 million years of Southern California history. It’s a wreck that’s still going on. One section of that wreck is a bend along the boundary between plates of crust. Mountains pile up along that bend, like snow in front of a plow. The biggest of these ranges we call the San Gabriels. Those are on fire right now. Add up all the Southern California wildfires over the last twenty years and you’ll get a territory exceeding that of several smaller states.

My point is perspective. The human one is so brief that it can hardly take in the full scope of What’s Going On, or what our lives contribute to it. In a geological context, what we contribute are carbon and fossils. We do that by dying. Other planets have geologies as well, but none have marble, limestone, coal or oil. Those are all produced by dead plants and animals. It would be hard to make heat on Mars because — as far as we know — there is no dead stuff to burn.

Humans love to make structures and produce heat, which means we have an unusually strong appetite for dead stuff. Even cement and steel require dead stuff in their making.

If you fly a lot, as I do, you start to notice black lines on the landscape. These are coal trains that move like ant trails from mines in the West to power plants all over the country. The largest of these mines are in Wyoming, more than 50% of which has coal to burn. This coal consists of dead stuff that has been buried for dozens of millions of years, and took at least as long to form. In Uncommon Carriers, John McPhee says the largest power plant in Georgia, Plant Sherer, “burns nearly thirteen hundred coal trains a year—two thousand miles of coal cars, twelve million tons of the bedrock of Wyoming.”

Nothing wrong with that, of course, unless you’re not human.

From any scope wider than our own, we are a pestilential species. Since the human diaspora began spreading out of Africa only a few thousand generations ago, we have chewed our way through land and species at a rate without equal in the history of the Earth, which began 4.567 billion years ago, or more than a third of the way back to the start of the Universe. We are distinguished by our intelligence, our powers of speech and expression, our ability to use tools and to build things, our ability to learn and teach, and our diversity (no two of us, even twins, are exactly alike). There are 6.781 billion of us now. Few of us will live more than a hundred years, and fewer still will have more than a few decades to contribute more than carbon to the world.

Among the many recent developments in civilization, two stand out. One is a widespread realization that the effects of human activity on the planet are non-trivial. The other is a growing ability to connect with each other and communicate over any distance at very little cost. What will we do with this knowledge, and the ability to share it? Will we follow the model of civilizations that waste the places where they live? Or will we prove to be creatures who can change their nature and stop doing that?

The former is the way to bet. The latter is the way to go.

Bonus read: John McPhee’s The Control of Nature. A third of it is called “Los Angeles vs. The San Gabriel Mountains.” While it is mostly about “debris flows” — slow motion landslides — that happen during winter rains, the important part for today’s discussion involves a primary condition for those flows: mountain slopes denuded of vegetation by fires. This means you can count on many mudslides this coming winter.

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mtwilsonfire1

Just arrived at my house in Santa Barbara after a long drive down from Monterey. Most of the way I listened to live coverage of the Station Fire on KNX/1070, both through the car radio (KNX has a huge signal that covers the whole southwest at night) and online over my iPhone, which was plugged into the AUX input of the radio in my rented Ford Focus (not a bad car, by the way).

Here’s KNX’s latest story, with a map.

Here is a set of mashed-up fire maps I just created, courtesy of MODIS and the U.S. Forest Service and Google Earth.

On the Live Web

Lots of grist for (and from) the news mills there.

Among other directions, the fire is moving eastward across Mt. Wilson, which looms over Los Angeles from just north of Pasadena. Mt. Wilson is one among many points along the nearest ridge of the San Gabriel Mountains, most of which lie within the Angeles National Forest. Perhaps more significantly, it is the home to nearly all the transmitters of FM and TV stations serving the Los Angeles metro. Also Mt. Wilson Observatory.

Reports say that firefighters (two of which have died so far) are doing their best to protect the Mt. Wilson facilities, but I wonder how long they’ll stay before driving back down. The only road out to the north is the long and winding Angeles Crest Highway — which is closed and may already be burned — and Mt. Wilson Road itself, which goes west through areas colored in the map above. The LATimes says the firefighters will stay there “no matter what”.

I’ve been to Mt. Wilson a number of times, and have often shot it from the air as well. These now comprise “before” pictures of the mountain.

Here is a Bing “birds eye” view of one section of the top of Mt. Wilson. This shot shows the observatory.

This Google Map shows the parking area where I assume firefighting equipment can keep away from advancing fire.

For what little it’s worth, the five zillion channels I get on my Dish Network TV system have nothing I can find on the fire. The locals here in Santa Barbara are running network shows. CNN and HLN are covering two dead guys. CNN has Larry King interviewing Ted Kennedy, and HLN has junk news coverage of Michael Jackson’s creepy autopsy results. As a news environment, TV is a slo-mo suicide victim.

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A couple days ago I responded to a posting on an email list. What I wrote struck a few chords, so I thought I’d repeat it here, with just a few edits, and then add a few additional thoughts as well. Here goes.

Reading _____’s references to ancient electrical power science brings to mind my own technical background, most of which is now also antique. Yet that background still informs of my understanding of the world, and my curiosities about What’s Going On Now, and What We Can Do Next. In fact I suspect that it is because I know so much about old technology that I am bullish about framing What We Can Do Next on both solid modern science and maximal liberation from technically obsolete legal and technical frameworks — even though I struggle as hard as the next geek to escape those.

(Autobiographical digression begins here. If you’re not into geeky stuff, skip.)

As a kid growing up in the 1950s and early ’60s I was obsessed with electricity and radio. I studied electronics and RF transmission and reception, was a ham radio operator, and put an inordinate amount of time into studying how antennas worked and electromagnetic waves propagated. From my home in New Jersey’s blue collar suburbs, I would ride my bike down to visit the transmitters of New York AM stations in the stinky tidewaters flanking the Turnpike, Routes 46 and 17, Paterson Plank Road and the Belleville Pike. (Nobody called them “Meadowlands” until many acres of them were paved in the ’70s to support a sports complex by that name.) I loved hanging with the old guys who manned those transmitters, and who were glad to take me out on the gangways to show how readings were made, how phasing worked (sinusoidal synchronization again), how a night transmitter had to address a dummy load before somebody manually switched from day to night power levels and directional arrays. After I learned to drive, my idea of a fun trip was to visit FM and TV transmitters on the tops of buildings and mountains. (Hell, I still do that.) Thus I came to understand skywaves and groundwaves, soil and salt water conductivity, ground systems, directional arrays and the inverse square law, all in the context of practical applications that required no shortage of engineering vernacular and black art.

I also obsessed on the reception end. In spite of living within sight of nearly every New York AM transmitter (WABC’s tower was close that we could hear its audio in our kitchen toaster), I logged more than 800 AM stations on my 40s-vintage Hammarlund HQ-129x receiver, which is still in storage at my sister’s place. That’s about 8 stations per channel. I came to understand how two-hop skywave reflection off the E layer of the ionosphere favored flat land or open water midway between transmission and reception points . This, I figured, is why I got KSL from Salt Lake City so well, but WOAI from San Antonio hardly at all. (Both were “clear channel” stations in the literal sense — nothing else in North America was on their channels at night, when the ionosphere becomes reflective of signals on the AM band.) Midpoint for the latter lay within the topographical corrugations of the southern Apalachians. Many years later I found this theory supported by listening in Hawaii to AM stations from Western North America, on an ordinary car radio. I’m still not sure why I found those skywave signals fading and distorting (from multiple reflections in the very uneven ionosphere) far less than those over land. I am sure, however, that most of this hardly matters at all to current RF and digital communication science. After I moved to North Carolina, I used Sporadic E reflections to log more than 1200 FM stations, mostly from 800 to 1200 miles away, plus nearly every Channel 3 and 6 (locally, 2,4 and 5 were occupied) in that same range. All those TV signals are now off the air. (Low-band VHF TV — channels 2 to 6 — are not used for digital signals in the U.S.) My knowledge of this old stuff is now mostly of nostalgia value; but seeking it has left me with a continuing curiosity about the physical world and our infrastructural additions to it. This is why much of what looks like photography is actually research. For example, this and this. What you’re looking at there are pictures taken in service to geology and archaeology.

(End of autobiographical digression.)

Speaking of which, I am also busy lately studying the history of copyright, royalties and the music business — mostly so ProjectVRM can avoid banging into any of those. This research amounts to legal and regulatory archaeology. Three preliminary findings stand out, and I would like to share them.

First, regulatory capture is real, and nearly impossible to escape. The best you can do is keep it from spreading. Most regulations protect last week from yesterday, and are driven by the last century’s leading industries. Little if any regulatory lawmaking by established industries — especially if they feel their revenue bases threatened, clears room for future development. Rather, it prevents future development, even for the threatened parties who might need it most. Thus the bulk of conversation and debate, even among the most progressive and original participants, takes place within the bounds of still-captive markets. This is why it is nearly impossible to talk about Net-supportive infrastructure development without employing the conceptual scaffolding of telecom and cablecom. We can rationalize this, for example, by saying that demand for telephone and cable (or satellite TV) services is real and persists, but the deeper and more important fact is that it is very difficult for any of us to exit the framing of those businesses and still make sense.

Second, infrastructure is plastic. The term “infrastructure” suggests physicality of the sturdiest kind, but in fact all of it is doomed to alteration, obsolescence and replacement. Some of it (Roman roads, for example) may last for centuries, but most of it is obsolete in a matter of decades, if not sooner. Consider over-the-air (OTA) TV. It is already a fossil. Numbered channels persist as station brands; but today very few of those stations transmit on their branded analog channels, and most of them are viewed over cable or satellite connections anyway. There are no reasons other than legacy regulatory ones to maintain the fiction that TV station locality is a matter of transmitter siting and signal range. Viewing of OTA TV signals is headed fast toward zero. It doesn’t help that digital signals play hard-to-get, and that the gear required for getting it sucks rocks. Nor does it help that cable and satellite providers that have gone out of their way to exclude OTA receiving circuitry from their latest gear, mostly force subscribing to channels that used to be free. As a result ABC, NBC, CBS, Fox and PBS are now a premium pay TV package. (For an example of how screwed this is, see here.) Among the biggest fossils are thousands of TV towers, some more than 2000 feet high, maintained to continue reifying the concept of “coverage,” and to legitimize “must carry” rules for cable. After live audio stream playing on mobile devices becomes cheap and easy, watch AM and FM radio transmission fossilize in exactly the same ways. (By the way, if you want to do something green and good for the environment, lobby for taking down some of these towers, which are expensive to maintain and hazards to anything that flies. Start with this list here. Note the “UHF/VHF transmission” column. Nearly all these towers were built for analog transmission and many are already abandoned. This one, for example.)

Third, “infrastructure” is a relatively new term and vaguely understood outside arcane uses within various industries. It drifted from military to everyday use in the 1970s, and is still not a field in itself. Try looking for an authoritative reference book on the general subject of infrastructure. There isn’t one. Yet digital technology requires that we challenge the physical anchoring of infrastructure as a concept. Are bits infrastructural? How about the means for arranging and moving them? The Internet (the most widespread means for moving bits) is defined fundamentally by its suite of protocols, not by the physical media over which data travels, even though there are capacity and performance dependencies on the latter. Again, we are in captured territory here. Only in conceptual jails can we sensibly debate whether something is an “information service” or a “telecommunication service”. And yet most of us who care about the internet and infrasructure do exactly that.

That last one is big. Maybe too big. I’ve written often about how hard it is to frame our understanding of the Net. Now I’m beginning to think we should admit that the Internet itself, as concept, is too limiting, and not much less antique than telecom or “power grid”.

“The Internet” is not a thing. It’s a finger pointing in the direction of a thing that isn’t. It is the name we give to the sense of place we get when we go “on” a mesh of unseen connections to interact with other entitites. Even the term “cloud“, labeling a utility data service, betrays the vagueness of our regard toward The Net.

I’ve been on the phone a lot lately with Erik Cecil, a veteran telecom attorney who has been thinking out loud about how networks are something other than the physical paths we reduce them to. He regards network mostly in its verb form: as what we do with our freedom — to enhance our intelligence, our wealth, our productivity, and the rest of what we do as contributors to civilization. To network we need technologies that enable what we do in maximal ways.  This, he says, requires that we re-think all our public utilities — energy, water, communications, transportation, military/security and law, to name a few — within the context of networking as something we do rather than something we have. (Think also of Jonathan Zittrain’s elevation of generativity as a supportive quality of open technology and standards. As verbs here, network and generate might not be too far apart.)

The social production side of this is well covered in Yochai Benkler‘s The Wealth of Networks, but the full challenge of what Erik talks about is to re-think all infrastructure outside all old boxes, including the one we call The Internet.

As we do that, it is essential that we look to employ the innovative capacities of businesses old and new. This is a hat tip in the general direction of ISPs, and to the concerns often expressed by Richard Bennett and Brett Glass: that new Internet regulation may already be antique and unnecessary, and that small ISPs (a WISP in Brett’s case) should be the best connections of high-minded thinkers like yours truly (and others named above) to the real world where rubber meets road.

There is a bigger picture here. We can’t have only some of us painting it.

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It’s been a long travel day, and we’ve got an hour to go before getting unstuck here in the Denver airport, which is in Nebraska, I think. Got an early flight out of Boston, then failed to get on by standby with two flights so far. But we’re reserved on the third, and due to arrive in Santa Barbara an hour and a quarter before tomorrow.

Anyway, my normally sunny mood, even in the midst of travel woes (one should appreciate the fact that commercial aviation involves sitting in a chair moving 500 miles an hour, seven miles up), was compromised earlier this evening by an unhappy exchange with Enterprise, the rental car company. I wrote about it in Unf*cking car rental, over in the ProjectVRM blog. It concludes constructively:

So I want to take this opportunity to appeal to anybody in a responsible position anywhere in the car rental business to work together with us at on a customer-based solution to this kind of automated lameness. It can’t be done from the inside alone. That’s been tried and proven inadequate for way too long. Leave a message below or write me at dsearls at cyber dot law dot harvard dot edu.

Let’s build The Intention Economy — based on real, existing, money-in-hand intentions of real customers, rather than the broken attention-seeking and customer-screwing system we have now.

There’s the bait. We’ll see if anybody takes it.

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Imagine a “News from Lake Wobegon” without the homespun prairie jive, lasting for more than an hour every weeknight, and packed with great stories, mostly of being a normal kid from greater blue-collar Chicago. That was Jean Shepherd, who was Required Listening in New York — and the whole Northeast — from the ’50s to the ’70s. “Shep” was also a writer of books and articles, a public performer, an artist and a screenwriter best known for A Christmas Story the 1983 hit movie that has since become required showing on holiday season television.

So I’m listening right now to “A Voice in the Night: A Tribute to Jean Shepherd”, on one of the Sirius public radio channels. I can’t tell which one because the display on the receiver is too dim, and the service’s own guide is nearly clue-free. (And I wont get rid of this receiver, because it’s one of the early ones with an illegally strong FM transmitter, which I like, and because it fits in three different cradles that will fit none of the newer units. I will, with regret for losing Howard Stern, dump Sirius when my subscription runs out later this year.)

Anyway, I’m busy and would love to hear this show later on a podcast. Alas, the only listen-link on the show page goes to a RealAudio stream that requires sitting at your computer (and having a Real player). If anybody knows how to get this on a podcast, let the rest of us know. Thanks.

The best insights compound the obvious. They make so much sense that you struggle to comprehend their many implications. Such is the case with the first line, and then the first paragraph, of Kevin Kelly‘s Better than Free:

The internet is a copy machine. At its most foundational level, it copies every action, every character, every thought we make while we ride upon it. In order to send a message from one corner of the internet to another, the protocols of communication demand that the whole message be copied along the way several times. IT companies make a lot of money selling equipment that facilitates this ceaseless copying. Every bit of data ever produced on any computer is copied somewhere. The digital economy is thus run on a river of copies. Unlike the mass-produced reproductions of the machine age, these copies are not just cheap, they are free.

Consider the implication of this for the concept of copyright, then ponder the pile of law that first defined it in 1790 (in the U.S.) and has expanded on it ever since.

I won’t offer an opinion about that here, but instead turn our floor over to a pair of brilliant opponents on the subject: William F. Patry and Ben Sheffner. Bill is the author of Moral Panics and the Copyright Wars and a blog by the same name, subtitled “A blog about copyright discourse”—and a copyright attorney in the employ of Google (though he is careful to add, everywhere it makes sense, that “This is a personal blog, not a Google blog”.) Ben is a “copyright/First Amendment/media/entertainment attorney and former journalist” with a long list of credentials in the sidebar of his Copyrights & Campaigns blog, subtitled “Ben Sheffner’s notes on copyright, First Amendment, media, and entertainment law, and political campaigns”. Bill and Ben have been enjoying a very civil and illuminating debate, which Bill outlines this way:

Given the reverse-chronological nature (or LIFD–Last In, First Dug) nature of both blog publishing and geology, the first post is the bottom one on that list. Start there and work upward. I guarantee you will be smarter by the time you get to the top, and hungry for more.

As a pair of bonus links, I’ll point to Edward Samuels’ The Illustrated Story of Copyright, and Michele Boldrin and David K. Levine‘s Against Intellectual Monopoly. I’ve read the first, but not the second. Basically I’m just sharing my reading list here. Again, no opinions. Yet.

Oh, one more recommendation: Adam Gopnik’s Angels and Ages: A Short Book About Darwin, Lincoln, and Modern Life. Among many of its quotable nuggets is this one: “Law is the practice of rules in a context of deals, and Lincoln believed in both.” Keep that in mind when reading all the above.

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Allan Gregory (a 3rd year law student and my summer intern at the ) and I have spent a lot of time this summer looking at the history of copyright and royalties, mostly in respect to music. What I’ve noticed in the course of this work is how much commercial interests of one kind or another (and in some cases we’re talking about a single party with a legitimate beef who had been screwed over one too many times — Victor Herbert, for example) push law and enforcement across new lines that quickly harden. The free space on the far sides of those lines ratchets downward with each advance of creators armed by the law as rights-holders. At a certain point, it disappears.

To see how extreme this can get, visit here, or Bemuso.com, which does an amazing job making sense of the music business in the U.K., which restricts music usage far more than anything like it in the U.S. For example,

Steve Finnigan, Chief Constable in Lancashire, England seems to have gotten himself in trouble with the Performing Right Society (PRS). Apparently there’s been music playing in police stations where people can hear it, and someone at the PRS noticed that no one has paid any licensing fees for it. The PRS is responsible for collecting performance royalties on behalf of composers and publishers in the UK.

In addition to the music that allegedly plays in 34 separate police stations, they’re also being accused of allowing employees to listen to it in gyms and at office parties. They’ve even gone so far as to use unlicensed music for entertaining the public when they get put on hold while calling in.

Since Lancashire Constabulary’s head of legal services, Niamh Noone, instructed officers not to discuss what was being played with PRS representatives, the agency decided to take them to court in order to collect back royalties they believe are owed and arrange for proper licensing so that future royalties may be collected in a more timely manner.

And you thought the RIAA was prickly.

Meanwhile on the publishing front, the Associated Press has been moving is a similarly restrictive direction for some time. The organization’s latest efforts are being covered like a blanket by Zachary M. Seward at the Nieman Journalism Lab. His latest post, Who, really, is The Associated Press accusing of copyright infringement? looks in depth at what the AP has been saying and doing, both in public and in secret. The word “bellicose” stands out in its first paragraph.

It’s an outstanding series. If you care about journalism, free speech, Free Culture, fair use and other values that transcend the AP’s parochial interests, it’s required reading.

While you do, remember that the AP is primarily an association of newspapers, formed early in the Industrial Age, and very much a creature of it. They are also, like many other associations representing originators of work about which usage rights are ambiguous, in essence a big legal department: quick to litigate and slow to comprehend the larger and changing contexts in which it now finds itself. Litigators are soldiers, not peacemakers. They don’t much care for olive branches (such as the one I extended last month).

Still, they’re not entirely unfriendly. Writes Zachary,

The AP would like to encourage use of its content — even full content — under terms that might not be so different from the APIs released by The New York Times and NPR. (Then again, it might be very different. The AP thus far hasn’t said what restrictions it will attach to its APIs.) I asked Kasi for an example, and he said that a mobile developer who wanted to include the AP’s articles or videos in an iPhone application could do so, probably without paying for access. Addressing the hypothetical developer, he said, “If this becomes a runaway success, I want to be part of this kind of business arrangement with you. In the meantime, if you want to experiment, go at it.”

In other words, “soon as there’s money in it, we want a piece of it”. In fact my proposal is for exactly that. Except it won’t be on their terms. It will be on ours, as fellow participants in what Zachary calls “the web’s circulatory system”.

In that system, Fee Culture is arteriosclerotic.

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